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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-06-SE-328
Hare Planting Co., Inc. ) NAL/Acct. No. 200732100003
Newport, Arkansas ) FRN No. 00014329353
)
FORFEITURE ORDER
Adopted: April 23, 2007 Released: April 25, 2007
By the Chief, Spectrum Enforcement Division, Enforcement Bureau:
I. INTRODUCTION
1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
the amount of five thousand two hundred dollars ($5,200) against Hare
Planting Co., Inc. ("Hare Planting") for willful and repeated
violations of Section 301 of the Communications Act of 1934 ("Act"),
as amended, and Sections 1.903(a) and 1.949(a) of the Commission's
Rules ("Rules"). The noted violations involve operating a Private Land
Mobile Radio Service ("PLMRS") station without Commission authority
and failing to file a timely renewal application for the station.
II. BACKGROUND
2. Section 301 of the Act and Section 1.903(a) of the Rules prohibit the
use or operation of any apparatus for the transmission of energy or
communications or signals by a wireless radio station except under,
and in accordance with, a Commission granted authorization.
Additionally, Section 1.949(a) of the Rules requires that licensees
file renewal applications for wireless radio stations, "no later than
the expiration date of the authorization for which renewal is sought,
and no sooner than 90 days prior to expiration." Absent a timely filed
renewal application, a wireless radio station license automatically
terminates on the specified expiration date. In response to a letter
of inquiry from the Enforcement Bureau's Spectrum Enforcement Division
("Division"), Hare Planting admitted that it continued to operate the
PLMRS station, WNQC202, after the license expired on August 14, 2004
and until a Special Temporary Authority was granted on December 1,
2005.
3. On November 22, 2006, the Division released a Notice of Apparent
Liability for Forfeiture ("NAL") finding that Hare Planting operated
PLMRS station WNQC202 without Commission authority after its
expiration on August 14, 2004 and failed to file a timely renewal
application for the station by the date of expiration. The NAL
proposed a $5,200 forfeiture based on Hare Planting's apparent willful
and repeated violations of Section 301 of the Act and Sections
1.903(a) and 1.949(a) of the Rules.
4. In its December 26, 2006 response to the NAL, Hare Planting seeks to
cancel or reduce the forfeiture amount, claiming that its failure to
renew its license was "due to ignorance," and was "an oversight," and
"not a premeditated act." Hare Planting also states that "[f]ifty-two
hundred dollars is a lot of money to us."
III. DISCUSSION
5. The forfeiture amount proposed in this case was assessed in accordance
with Section 503(b) of the Act, Section 1.80 of the Rules, and the
Commission's Forfeiture Policy Statement. In assessing forfeitures,
Section 503(b)(2)(E) of the Act requires that we take into account the
nature, circumstances, extent and gravity of the violation and, with
respect to the violator, the degree of culpability, any history of
prior offenses, ability to pay, and such other matters as justice may
require.
6. We have considered Hare Planting's response to the NAL in light of the
above statutory factors, our Rules, and the Forfeiture Policy
Statement. We conclude that Hare Planting willfully and repeatedly
violated Section 301 of the Act and Sections 1.903(a) and 1.949(a) of
the Rules and that no mitigating circumstances warrant further
reduction of the proposed forfeiture amount. Specifically, Hare
Planting, in its response to our NAL, admits to committing the acts
leading to the violations, asserting that such acts were due to an
inadvertent oversight that its license had expired. The Commission has
held that inadvertent error does not nullify or mitigate violations of
the Act or the Rules. Further, although Hare Planting states that
"[f]ifty-two hundred dollars is a lot of money to us," this statement
alone is not sufficient to demonstrate an inability to pay. Hare
Planting has provided no specific financial information or evidence of
financial hardship and, therefore, we are unable to determine whether
a reduction based on inability to pay is warranted in this instance.
IV. ORDERING CLAUSES
7. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Act, and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's
Rules, Hare Planting, IS LIABLE FOR A MONETARY FORFEITURE in the
amount of five thousand two hundred dollars ($5,200) for violation of
Section 301 of the Act and Sections 1.903(a) and 1.949(a) of the
Rules.
8. Payment of the forfeiture shall be made in the manner provided for in
Section 1.80 of the Rules within 30 days of the release of this Order.
If the forfeiture is not paid within the period specified, the case
may be referred to the Department of Justice for collection pursuant
to Section 504(a) of the Act. Payment of the forfeiture must be made
by check or similar instrument, payable to the order of the Federal
Communications Commission. The payment must include the NAL/Acct. No.
and FRN No. referenced above. Payment by check or money order may be
mailed to Federal Communications Commission, P.O. Box 358340,
Pittsburgh, PA 15251-8340. Payment by overnight mail may be sent to
Mellon Bank/LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
15251. Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106. A request for
full payment under an installment plan should be sent to: Associate
Managing Director - Financial Operations, 445 12^th Street, SW, Room
1-A625, Washington, D.C. 20554.
9. IT IS FURTHER ORDERED that a copy of this Order shall be sent by
First Class Mail and Certified Mail Return Receipt Requested to Marvin
B. Hare, Jr., President, Hare Planting Co., Inc. at 2600 Highway 17
South, Newport, Arkansas 72112.
FEDERAL COMMUNICATIONS COMMISSION
Kathryn S. Berthot
Chief, Spectrum Enforcement Division
Enforcement Bureau
47 U.S.C. S 301.
47 C.F.R. SS 1.903(a) and 1.949(a).
47 C.F.R. S 1.955(a)(1).
See Letter from Kathryn S. Berthot, Chief, Spectrum Enforcement Division,
Enforcement Bureau to Marvin B. Hare, Jr., President, Hare Planting Co.,
Inc. (September 13, 2006).
See Letter from Marvin B. Hare, Jr., Hare Planting Co., Inc. to Jacqueline
Johnson, Spectrum Enforcement Division, Enforcement Bureau (September 21,
2006).
Hare Planting Co., Inc., Notice of Apparent Liability for Forfeiture, 21
FCC Rcd 13517(Enf. Bur., Spectrum Enf. Div., 2006).
See Letter from Marvin Hare, Jr. to Office of the Secretary, Federal
Communications Commission (December 26, 2006) ("NAL Response").
47 U.S.C. S 503(b).
47 C.F.R. S 1.80.
The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999) ("Forfeiture
Policy Statement").
47 U.S.C. S 503(b)(2)(E).
NAL Response at 1.
See Southern California Broadcasting Co., Memorandum Opinion and Order, 6
FCC Rcd 4387, 4387 (1991), recon. denied, 7 FCC Rcd 3454 (1992) ("stating
that inadvertence ... is at best, ignorance of the law, which the
Commission does not consider a mitigating circumstance").
NAL Response at 1.
The NAL sets forth the Commission's requirements and the financial
documentation to be submitted when a petitioner seeks reduction or
cancellation of forfeiture based on a claim of inability to pay. See 21
FCC Rcd at 13521.
47 U.S.C. S 503(b).
47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).
47 U.S.C. S 504(a).
See 47 C.F.R. S 1.1914.
(Continued from previous page)
(continued....)
Federal Communications Commission DA 07-1812
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Federal Communications Commission DA 07-